922 resultados para Workers Compensation and Rehabilitation Act 2003 s302


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In Jacobs v Woolworths Limited [2010] QSC 24 Jones J was required to determine whether a worker who had lodged an application for compensation for an injury outside the time prescribed under the Workers Compensation and Rehabilitation Act 2003 (Qld) (“the Act”) was precluded from seeking common law damages for that injury. This determination depended upon the proper construction of s 131 of the Act, and what was to be understood by the words “worker who has not lodged an application for compensation for the injury” for the purpose of s 237(1)(d).

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In Australian Meat Holdings Pty Ltd v Sayers [2007] QSC 390 Daubney J considered the obligation imposed on a claimant under s 275 of the WorkersCompensation and Rehabilitation Act 2003 (Qld) to provide the insurer with an authority to obtain information and documents. The decision leads to practical results.

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In Hughes v Impulse Entertainment Pty Ltd & Workcover Queensland [2013] QDC 21 the plaintiff commenced a proceeding more than 60 days after the compulsory conference under the Workers Compensation and Rehabilitation Act 2003 (Qld). The question to be determined was whether this meant the claim was statute-barred under that Act, even though the relevant limitation period under the Limitation of Actions Act 1974 (Qld) had not expired

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This handbook is designed to serve as a general guide to the rights and obligations of employees who have experienced work-related injuries on diseases, as well as the rights and obligations of their employers, under the Illinois Workers' Compensation and Occupational Diseases Act.

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This handbook is designed to serve as a general guide to the rights and obligations of employees who have experienced work-related injuries or diseases, as well as the rights and obligations of their employers, under the Illinois Workers' Compensation and Occupational Diseases Act.

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The project aimed to explore long--term injured workers’ experiences and perceptions of their mental health as they progressed through the Victorian WorkCover process. The purpose of the project was to assist in understanding these factors in order to identify how workers might be better supported, and to identify changes that compensation authorities, employers and unions can make to reduce mental distress amongst injured workers. As a project based on workers’ accounts of their experiences, it aimed to provide a narrative basis for the development of supportive policy and practice to reduce mental distress amongst people who are clients of the WorkCover system. The project was a qualitative study based on fifteen in--depth interviews with people who had been injured at work and who had been off work for at least six months. The workers who took part in the study were recruited with the assistance of their trade unions, using an advertisement that was distributed via the unions’ regular communication channels. Workers were asked to tell their story of injury and recovery with a particular focus on how they felt and the factors that affected them, both positively and negatively. They were also asked what could or should be changed to support workers’ recovery and improve their experience of the WorkCover system. The workers who took part in the study came from a variety of industry sectors (education, textile and clothing manufacturing and meat industries) and different occupational categories (professional, trade/technical and manual). They included people whose primary injury was physical and those whose primary injury was psychosocial.


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"April 1991."

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This paper analyses the concept of ‘work-relatedness’ in Australian workerscompensation and occupational health and safety (OHS) systems. The concept of work-relatedness is important because it is a crucial element circumscribing the limits of the protection afforded to workers under the preventative OHS statutes, and is a threshold element which has to be satisfied before an injured or ill worker can recover statutory compensation. While the preventive and compensatory regimes do draw on some similar concepts of work-relatedness, as this paper will illustrate, there are significant differences both between, and within, these regimes.

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In mid-1987, the existing workerscompensation system in New South Wales was replaced by a new Scheme, called ‘WorkCover’. While WorkCover solved a number of the financial problems that had plagued its predecessor, its enactment created other issues. Furthermore, WorkCover has failed to deal with a number of gaps in providing compensation for occupational injuries, most notably those suffered by independent contractors. By combining a study of aspects of industrial law and industrial relations, this thesis will examine some of those problems and gaps, in particular: (a) Should WorkCover be amended to enable independent contractors to come within its ambit? (b) Should there be additional insurance cover available (known as ‘top-up’ insurance) to insure those parts of workers’ wages presently left unprotected by WorkCover? (c) Should workers be permitted to take out another form of ‘top-up’ insurance to increase the quantum of death cover presently provided by the Scheme? (d) Should independent contractors who arc permitted to enter WorkCover also be permitted to obtain the extended cover set out in (b) and (c) above? Where appropriate, the thesis compares WorkCover to the workerscompensation schemes in other Australian jurisdictions. It develops each of the matters referred to above by referring to the results of the writer’s survey of members of the Institution of Engineers (NSW Branch) which was conducted in May and June 1991.